CO129-375 - Governor Sir Lugard - 1911 [1-2] — Page 233

• 1974

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228

to do so producing the original letter showing the pencilled

alterations (see Exhibit A). The Harbour Master admitted "tell-

-ing him that he had better alter it" and added "I may have

given him the impression that if he did not alter his letter I

would not forward it". This, in our opinion, was an unsatis-

-factory element in the case.

Captain Taylor stated that it was his

custom as a rule to issue orders in writing, in a book, which

is initialled by the clerks concerned, that he did not do so in

this case, that he considered it important, but it was an over-

-sight and that it used to be the custom to issue written

orders, that the custom fell in aboyance but has since been

revived. He also stated that the two clerks, in aiming the

bills beforehand, were continuing the old system, which had

be on hitherto customary, but which he had given them verbal

orders they were not to do.

Ifr. Messer, in the course of the enquiry,

stated that he could not say for certain that ur. Chan Pui San

was present in the interview referred to by the Harbour Master

in December, 1909.

In view of the evidence we are of opinion

that no Court of Justice would find the charge proved, although we agree that it is probable that some oral commufication of the kind was made to one or both of the clerks by Captain Taylor, and are satisfied that he is giving a truthful represent – -ation of what he believes to be the fact, but in the absence of any written record, and he has admitted departure from the usual custom, combined with the unsatisfactory evidence of Mr. Lenfestoy, we are unable to report that the charge is proved.

Note.

}

(Sd.) W. Rees Ravies. 26.1.11. Sd.) C. McJ. Messer. 27.1.11. (Sd.) Edbert A. Hewett. 27.1.11.

In further defence of the two clerks I would add that in reply to direct questions put by me to the Harbour Master, Captain Taylor admitted that his predecessors had made it a

custom

fo